Rescission of Social Security Ruling 88-10c, Bowen v. Galbreath, 75800 [E6-21484]

Download as PDF 75800 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Notices Electronic Comments • Use the Commission’s Internet comment form https://www.sec.gov/ rules/sro.shtml; or • Send an e-mail to rulecomments@sec.gov. Please include File No. SR–Phlx–2006–81 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File No. SR–Phlx–2006–81. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site at https://www.sec.gov/ rules/sro.shtml. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission’s Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–Phlx–2006–81 and should be submitted on or before January 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E6–21449 Filed 12–15–06; 8:45 am] BILLING CODE 8011–01–P SOCIAL SECURITY ADMINISTRATION jlentini on PROD1PC65 with NOTICES [Docket No. SSA 2006–0104] Rescission of Social Security Ruling 88–10c, Bowen v. Galbreath AGENCY: 11 17 Social Security Administration. CFR 200.30–3(a)(12). VerDate Aug<31>2005 16:16 Dec 15, 2006 Jkt 211001 ACTION: Notice of Rescission of Social Security Ruling. (Catalog of Federal Domestic Assistance Programs No. 96.006, Supplemental Security Income) SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Ruling SSR 88–10c. EFFECTIVE DATE: December 18, 2006. FOR FURTHER INFORMATION CONTACT: Marg Handel, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–4639 or TTY 410–966–5609, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213 or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. Dated: December 12, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. [FR Doc. E6–21484 Filed 12–15–06; 8:45 am] Social Security Rulings make available to the public precedential decisions relating to the Federal old-age, survivors, disability and supplemental security income programs. Social Security Rulings may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner’s decisions, opinions of the Office of the General Counsel, and other policy interpretations of the law and regulations. On June 23, 1988 we issued SSR 88– 10(c) to reflect the Supreme Court’s decision in Galbreath v. Bowen, 485 U.S. 74 (1988), in which the Court held that the relevant statutes did not permit withholding past-due Supplemental Security Income benefits for attorney’s fees in title XVI cases. As the Court noted at the end of its decision, the earlier Congressional decision not to extend attorney fee withholding to title XVI would stand ‘‘[u]ntil Congress [saw] fit to override its original decision, by amending Title XVI in a way that manifests an intent to allow withholding.’’ In the Social Security Protection Act of 2004 (SSPA), Public Law 108–203, Congress enacted such legislation. Section 302 of the SSPA amended section 1631(d)(2) of the Social Security Act to extend the attorney fee withholding and direct payment procedures to claims under title XVI. We began paying fees directly to attorneys in title XVI cases effectuated on or after February 28, 2005, the date the amendments made by section 302 took effect. While this provision will only be effective for 5 years, we believe that SSR 88–10(c) should be rescinded for this period and we will later determine if there is a need to reinstate it. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program for McClellan Palomar Airport, Carlsbad, CA Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by San Diego County, California under the provisions of Title I of the Aviation Safety and Noise Abatement Act, as amended, (Public Law96–193) (hereinafter referred to as ‘‘the Act’’) and 14 CFR Part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96–52 (1980). On April 26, 2005, the FAA determined that the noise exposure maps submitted by San Diego County under Part 150 were in compliance with applicable requirements. EFFECTIVE DATE: The effective date of the FAA’s approval of the Noise Compatibility Program for McClellan Palomar Airport is December 5, 2006. FOR FURTHER INFORMATION CONTACT: Victor Globa, Environmental Protection Specialist, Los Angeles Airports District Office, Airport Division, Western-Pacific Region, Federal Aviation Administration, 15000 Aviation Boulevard, Hawthorne, California, 90261, Mailing Address: P.O. Box 92007, Los Angeles, California 90009– 2007. Telephone: 310/725–3637. Documents reflecting this FAA action may be reviewed at this same location. SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given its overall approval to the Noise Compatibility Program for McClellan Palomar Airport, effective April 7, 2004. Under section 104(a) of the Aviation Safety and Noise Abatement Act of 1979, as amended (herein after referred to as the ‘‘Act’’) [recodified as 49 U.S.C. § 47504], an airport operator who has previously submitted a Noise Exposure Map may submit to the FAA a Noise E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Notices]
[Page 75800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21484]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2006-0104]


Rescission of Social Security Ruling 88-10c, Bowen v. Galbreath

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Ruling.

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SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of 
Social Security gives notice of the rescission of Social Security 
Ruling SSR 88-10c.

EFFECTIVE DATE: December 18, 2006.

FOR FURTHER INFORMATION CONTACT: Marg Handel, Social Security 
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-4639 or TTY 410-966-5609, for information about this notice. 
For information on eligibility or filing for benefits, call our 
national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or 
visit our Internet site, Social Security Online, at https://
www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: Social Security Rulings make available to 
the public precedential decisions relating to the Federal old-age, 
survivors, disability and supplemental security income programs. Social 
Security Rulings may be based on case decisions made at all 
administrative levels of adjudication, Federal court decisions, 
Commissioner's decisions, opinions of the Office of the General 
Counsel, and other policy interpretations of the law and regulations.
    On June 23, 1988 we issued SSR 88-10(c) to reflect the Supreme 
Court's decision in Galbreath v. Bowen, 485 U.S. 74 (1988), in which 
the Court held that the relevant statutes did not permit withholding 
past-due Supplemental Security Income benefits for attorney's fees in 
title XVI cases. As the Court noted at the end of its decision, the 
earlier Congressional decision not to extend attorney fee withholding 
to title XVI would stand ``[u]ntil Congress [saw] fit to override its 
original decision, by amending Title XVI in a way that manifests an 
intent to allow withholding.''
    In the Social Security Protection Act of 2004 (SSPA), Public Law 
108-203, Congress enacted such legislation. Section 302 of the SSPA 
amended section 1631(d)(2) of the Social Security Act to extend the 
attorney fee withholding and direct payment procedures to claims under 
title XVI. We began paying fees directly to attorneys in title XVI 
cases effectuated on or after February 28, 2005, the date the 
amendments made by section 302 took effect. While this provision will 
only be effective for 5 years, we believe that SSR 88-10(c) should be 
rescinded for this period and we will later determine if there is a 
need to reinstate it.

(Catalog of Federal Domestic Assistance Programs No. 96.006, 
Supplemental Security Income)

    Dated: December 12, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. E6-21484 Filed 12-15-06; 8:45 am]
BILLING CODE 4191-02-P
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